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New York Codes Rules Regulations (Last Updated: March 27,2024) |
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TITLE 6. Department of Environmental Conservation |
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Chapter III. Air Resources |
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Subchapter A. Prevention and Control of Air Contamination and Air Pollution |
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Part 231. New Source Review for New and Modified Facilities |
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Subpart 231-6. Modifications to Existing Major Facilities in Nonattainment Areas and Attainment Areas of the State within the Ozone Transport Region |
Sec. 231-6.7. Internal offset requirements, severe ozone nonattainment area only
Latest version.
- This section represents a mechanism for avoiding a determination of applicability of this Part, for emissions of VOC or NOx in the severe ozone nonattainment area only, in those instances where a NSR major modification is proposed at an existing major facility and a net emission increase determination of non-applicability is not possible.(a) Internal offset applicability.An internal offset shall be considered for purposes of determining applicability or degree of control required under section 231-6.1(d)(1) or (2) of this Subpart for a proposed NSR major modification.(b) Use of a NOx or VOC ERC as part of an internal offset. An ERC shall meet the following conditions to be used as part of an internal offset:(1) an ERC shall come from an emission source within the same existing major facility as a proposed NSR major modification;(2) an ERC shall have physically occurred on or after November 15, 1990, but need not be contemporaneous with a proposed NSR major modification for which the reduction is used; and(3) an ERC, or portion thereof, shall be included as a condition in the permit for the proposed NSR major modification for which the reduction is used.